Notice of Hearing: In the Matter of Eda Marie Agueci et al.

IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF EDA MARIE AGUECI, DENNIS WING, SANTO IACONO,
JOSEPHINE RAPONI, KIMBERLEY STEPHANY, HENRY FIORILLO,
GIUSEPPE (JOSEPH) FIORINI, JOHN SERPA, IAN TELFER,
JACOB GORNITZKI and POLLEN SERVICES LIMITED

NOTICE OF HEARING
(Section 144)

WHEREAS on February 7, 2012, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in connection with a Statement of Allegations filed by Staff of the Commission (“Staff”) on the same date against Eda Marie Agueci (“Agueci”), Dennis Wing (“Wing”), Santo Iacono, Josephine Raponi, Kimberley Stephany (“Stephany”), Henry Fiorillo (“Fiorillo”), Giuseppe (Joseph) Fiorini, John Serpa, Jacob Gorntizki, Pollen Services Limited (“Pollen”), and Ian Telfer;

WHEREAS on September 26, 2013, Staff filed an Amended Statement of Allegations;

WHEREAS on February 11, 2015, following a hearing on the merits, the Commission issued its Reasons and Decision with respect to the merits, including findings against Agueci, Wing, Stephany, Fiorillo and Pollen (the “Respondents”) (Re Eda Marie Agueci et al. (2015), 38 O.S.C.B. 1573);

WHEREAS on June 24, 2015, the Commission made an order under sections 127 and 127.1 of the Act related to sanctions and costs against the Respondents (the “Sanctions and Costs Order”);

TAKE NOTICE that the Commission will hold a hearing to consider whether it is in the public interest for the Commission to vary the Sanctions and Costs Order pursuant to section 144 of the Act and to make such further orders as the Commission considers appropriate;

BY REASON OF the application dated November 4, 2015 filed by Staff with the Secretary’s Office of the Commission requesting a variation to the Sanctions and Costs Order, pursuant to section 144 of the Act, to allow Agueci to liquidate certain securities for the purpose of directing payment to the Commission in compliance with the Sanctions and Costs Order;

AND TAKE FURTHER TAKE NOTICE that Staff requested that the application proceed by written hearing, in accordance with Rule 15.5 of the Commission’s Rules of Procedure (2014), 37 OSCB 4168, as the parties have consented to the variation sought to the order;

AND TAKE FURTHER TAKE NOTICE that any party to the proceedings may be represented by counsel if he or she attends or submits evidence for the hearing;

AND TAKE FURTHER TAKE NOTICE that upon failure of any party to attend at the time and place set for the hearing, the hearing may proceed in the absence of that party and the party is not entitled to any further notice of the proceeding;

AND TAKE FURTHER NOTICE that the Notice of Hearing is also available in French, participation may be in either French or English and participants must notify the Secretary’s Office in writing as soon as possible, and in any event, at least thirty (30) days before a hearing if the participant is requesting a proceeding to be conducted wholly or partly in French; and

ET AVIS EST ÉGALEMENT DONNÉ PAR LA PRÉSENTE que l'avis d'audience est disponible en français, que la participation à l'audience peut se faire en français ou en anglais et que les participants doivent aviser le Bureau du secrétaire par écrit le plut tôt possible et, dans tous les cas, au moins trente (30) jours avant l'audience si le participant demande qu'une instance soit tenue entièrement ou partiellement en français.

DATED at Toronto, November 9, 2015